- (1.) Leave granted. These appeals by special leave have been preferred against the common judgment and order dated 27-9-2000 of a Division Bencfh of Andhra Pradesh High Cuort by which a batch of writ petitions were disposed of with certain directions.
(2.) We will state the facts of Special Leave Petition (Civil) No. 20787 of 2000. Seedsman Association, Hyderabad and two other seed companies filed writ petition under Article 226 of the Constitution impleading the Principal Secretary to Government, Agricultural Department, Director-cum-Commissioner of Agriculture Marketing Committee, Hyderabad and 16 Agricultural Market Committees of some Districts in the State of Andhra Pradesh as respondents. The main prayer made in the writ petition is that the action of the respondents especialy those of respondents Nos. 3 to 18 in compelling petitioners Nos. 2 and 3 to pay market fee under Section 7 of the Andhra Pradesh (Agricultural Procedure and Livestock) Markets Act, 1966 be declared as illegal and arbitrary and the same may be set aside.
(3.) In the affidavit filed in support of the writ petition, it is averred that Seedsman Association, Hyderabad is an Association registered under the Scieties Act for looking after the interest and welfare of the members who are organizing seed production, processing and marketing seeds under the provisions of Seeds Act, 1966 and the Seeds (Control) Order, 1983. From the date of sowing the Breeder/Foundation seeds, the petitioners' responsibility is to procure the seeds produced according to the procedure laid down in the Indian Minimum Seed Certification Standards, 1988, which are not meant for human consmption but for the exclusive purpose of sowing only. It is further averred that the members of the petitioner association procure the special kind of seeds though they are produced from agricultural land. Since the seeds are not meant for direct human consumption, they do not fall within the definition of the "consumer seeds" as notified under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter referrred to as "the Act"). After exchange of affidavits, the High Court disposed of a bunch of writ petitions by the common judgment and order dated 27-9-2000 and the operative portion of the order reads as under : (1) That all such items like paddy, wheat, maize, bajra, cotton seed, sunflower, safflower, jowar, etc., covered by this batch of writ petitions which are specified in the Scheduled-II appended to the A.P. (Agricultural Produce and Livestock) Markets Act, 1966 whether sold in original form i.e. edible or converted form i.e. chemically processed into non-edible form (seeds for germination purposes), within the precincts of notified market area/market yard, are exigible to the levy of market fee. (2) That such seeds like Tomato and castorseeds, which are derivatives of the main produce, but are sold separately and which are not specified in the Schedule-II annexed to A.P. (Agricultural Produce and Livestock) Markets Act, 1966, cannot be made liable to the levy and collection of market fee. (3) That such items specified in Schedule II referred to above which suffered the payment of market fee in an Agricultural Market Committee, shall not again be subjected to payment of market fee in any other Agricultural Market Committee, within the State of Andhra Pradesh, if the proof of such payment is furnished to the authority concerned. (4) That the petitioners shall now submit the accounts to the respective committees within a period of one month from today, whereupon the respective Agricultural Market Committees shall make assessment of the market fee payable and within one month of the service of the said assessment orders, the petitioners shall pay off the said amounts; and (5) That henceforth, the petitioners shall be liable to comply the provisions of A.P. (Agricultural Produce and Livestock) Markets Act, 1966 in their dealings in items covered by paragraph (1) above, within the market areas/market yards and failure to do so will render them liable for the consequences under the said Act.;